Secession, Statehood and the Recognition of Kosovo

On 17 February 2008 the Kosovo Assembly voted unanimously in favor of declaring the independence of the Republic of Kosovo. Although Kosovo's Government coordinated every step with the International Community, the unilateral declaration of Independence made the process of the creation of the State of Kosovo into a secessionist case. As of 30 June 2010, sixty nine States have recognized Kosovo's independence. A considerable number of states maintain that the Declaration of Independence of Kosovo is contrary to the norms of international law. The absence of a unified collective policy of the UN towards Kosovo's independence led the General Assembly to request an advisory opinion from the International Court of Justice. The author examines the legal positions regarding the Declaration of Independence of Kosovo and analyzes the International Community's role in the creation and recognition of Kosovo. The author argues that the unique circumstances of the creation of the State of Kosovo should find a reinterpretation of self-determination, statehood and recognition corresponding to the needs of the current developments of international law.

Autorentext

Mr. Istrefi, Ph.D. candidate, servs as a teaching assistant at the International Law Department and a co-founder of the Institute for International and European Law at the University or Prishtina. Additionally, Mr. Istrefi is currently working as a legal advisor to the Deputy Prime Minister of the Republic of Kosovo.